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(영문) 대구지방법원김천지원 2019.06.19 2018가단3492
토지인도
Text

1. The defendant shall be the plaintiff.

(a) connect each point of the attached Schedules 1 and 5 among the real estate listed in the annexed List.

Reasons

1. The following facts may be acknowledged in light of the following facts: Gap evidence Nos. 1, 2, 3, Gap evidence Nos. 3-1, 2, 3, Gap evidence Nos. 4 through 9, 12, 17, 18, Eul evidence Nos. 1, 2, 3-1, 6, 7, 9; Eul evidence Nos. 6, 9; Eul evidence Nos. 1, 2, 3-1, 3-2, 4 through 9, 17, 18; Eul evidence Nos. 3-1, 6, 7, and 9; and the whole purport of the arguments

Around December 9, 2016, the Plaintiff entered into a sales contract with the Defendant to sell the said land at KRW 4,430,000,000 (hereinafter “instant sales contract”) of KRW 40,000,00 with respect to the land of KRW 4,430,00 among the land of Gu, Si, Si, Gu, and Si, Si, Si, Gu, and Si, with respect to KRW 7,153,00 and KRW 1,728,00.

B. Since then, the part of the land purchased by the Defendant was divided into 4,430 square meters of F forest land in Gumi-si and 129 square meters of E miscellaneous land in Gumi-si, and the Defendant obtained construction authorization and permission from Gumi-si as to each land divided as above on March 15, 2017.

C. Around April 19, 2017, the Defendant installed a pents (hereinafter “instant pents”) with a height of about 5 meters on the ground and about 130 meters in length on the part (i) of the line connecting each point of 1,5 square meters in the attached Form among 1,278 square meters in the Gu-si, Gu-si, Si-si and Gu-si, the Plaintiff, affiliated thereto, and 93 square meters in the Gu-si, Si-si, Gu-si, the Plaintiff, which is owned by the Plaintiff, and 118 square meters in the H. (hereinafter “each land of this case”).

On the other hand, the Plaintiff and the Defendant concluded a civil engineering work agreement with respect to 1,724 square meters among 2,723 square meters of Gu-U.S. Do-si Do, where the remaining land was divided on April 24, 2017, and agreed to obtain construction authorization and permission.

E. However, the Defendant did not pay the remainder of KRW 300,000 according to the instant sales contract, and the Plaintiff notified the cancellation of the instant sales contract as of June 1, 2017. The Defendant asserted the validity of the notice of cancellation and received the remainder of KRW 300,000 from the Plaintiff, and simultaneously sought performance of the registration procedure for transfer of ownership.

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